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Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Asylum Final Rule: Eff. Oct. 1, 2024
Here is the rule. Here is the Fact Sheet.
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
Biden, DHS Announce New Border Measures
The White House Fact Sheet is here . The DHS media release is here . Video of President Biden is here , beginning at min. 54:00. Commentary by former BIA Chairman Hon. Paul W. Schmidt is here .
Daniel M. Kowalski
over 1 year ago
Immigration Law
Outside News
Glitches in the Digitization of Asylum: How CBP One Turns Migrants’ Smartphones into Mobile Borders
Austin Kocher, Ph.D., June 20, 2023 "As the emerging literature on migration studies has demonstrated, migrants who are seeking asylum around the world are increasingly finding that the process is mediated by a variety of new technologies. While...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Outside News
Why Border Patrol Agents and CBP Officers Should Not Serve as Asylum Officers
Josiah Heyman, Jeremy Slack, and Daniel E. Martínez, June 21, 2019 "United States Border Patrol agent Matthew Bowen allegedly hit an undocumented migrant with his truck in November 2017. In preparation for trial, federal prosecutors revealed...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA5 Grants Panel Reh. in Cuban Asylum Case: Leal v. Garland (unpub.)
Leal v. Garland, unpub. "The petition for panel rehearing is GRANTED. The opinion, 841 F. App’x 719 (5th Cir. Mar. 29, 2021) , is WITHDRAWN..."
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA5 on Cuba, Political Opinion, Evidence: Gutierrez Acosta v. Garland (unpub.)
Gutierrez Acosta v. Garland (unpub.) "Gutierrez Acosta contends that the BIA erred in two respects. First, he challenges the BIA’s decision to give dispositive effect to the IJ’s finding that legitimate, non-political reasons could...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
A.G. Barr on Asylum, Persecution, Duress, Coercion: Matter of Negusie
Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020) (1) The bar to eligibility for asylum and withholding of removal based on the persecution of others does not include an exception for coercion or duress. (2) The Department of Homeland Security does...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Feb. 2014 Asylum Clock Class Action Settlement FAQ
Feb. 2014 Asylum Clock Class Action Settlement FAQ
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
OPPM 13-02: The Asylum Clock
"This Operating Policies and Procedures Memorandum (“OPPM”) provides guidance on the asylum clock for proceedings before EOIR." - EOIR, Dec. 2, 2013 .
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
Federal Judge Approves Settlement Agreement in National Class Action Lawsuit on Work Authorization for Asylum Seekers
"On Monday, November 4, U.S. District Judge Richard Jones ordered the final approval of a nationwide class action settlement agreement . The settlement will help ensure that asylum seekers, who have fled persecution in their home countries, are not...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Asylum Clock Class Action Settlement FAQ
"A.B.T., et al. v. USCIS, et al. is a nationwide class action that challenged the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
A.B.T. v. USCIS: A Nationwide Class Action to Fix the “Asylum Clock” Terms of Settlement
"On April 12, 2013, the plaintiffs in A.B.T. et al. v. USCIS, et al. , represented by the American Immigration Council’s Legal Action Center (LAC), the Northwest Immigrant Rights Project (NWIRP), the Massachusetts Law Reform Institute, and...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Inside News
Unpub. BIA Asylum Victory, 'Changed Personal Circumstances' - Matter of Chen
"While we agree with the Immigration Judge that "changed personal circumstances" do not, in and of themselves, constitute an exception to the filing deadline for asylum, we recognize that changed personal circumstances may form the basis...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA9 on India, Changed Conditions: Singh v. Holder
Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA2 on 'Changed Circumstances,' Asylum: Lin v. Holder
"The statute states that an otherwise untimely asylum application “may be considered . . . if the alien demonstrates to the satisfaction of the Attorney General . . . the existence of changed circumstances which materially affect the applicant’s...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
CA1 on Albania, Changed Circumstances: Lucaj v. Wilkinson
Lucaj v. Wilkinson "To support his case for reopening, Mr. Lucaj submitted an affidavit complaining in particular about two events that occurred after his removal proceeding in 2006: The Socialist party took power in 2013, and then in 2019 the...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA2 on Asylum, Changed Circumstances: Perez Nagahama v. Garland
Perez Nagahama v. Garland (unpub.) "We remand for the agency to conduct the required factfinding and analysis regarding the reasonableness of Perez Nagahama’s delay in filing her asylum claim following her changed circumstances. An asylum...
Daniel M. Kowalski
over 10 years ago
Immigration Law
Inside News
CA5 on AOS, 209(b): Siwe v. Holder
"We therefore grant Siwe’s petition on this issue and hold that an alien, like Siwe, whose asylum has been terminated, is not prohibited from applying for adjustment of status under Section 209(b). ... We therefore grant Siwe’s petition...
Daniel M. Kowalski
over 9 years ago
Immigration Law
Inside News
Asylee Adjustment APA Collateral Estoppel Victory in California: Islam v. DHS
Anna Benvenue writes: "I just won summary judgment on a case in the Northern District of California in which my client's asylee adjustment application was denied by USCIS based on a finding that he was barred for terrorist inadmissibility. This...
Daniel M. Kowalski
over 11 years ago
Immigration Law
Outside News
Federal Judge Grants Preliminary Approval of Settlement Agreement in National Class Action Lawsuit on Work Authorization for Asylum Seekers
NWIRP, May 8, 2013 - "On May 8, 2013, a federal district court issued an order preliminarily approving a settlement agreement in a nationwide class action lawsuit that challenged the denial of work authorization to asylum seekers who have been waiting...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status
USCIS, May 4, 2023 "We now are affirmatively creating and providing documented evidence of their status to certain new asylees and lawful permanent residents upon our receiving notification that an immigration judge or the Board of Immigration...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Research: Immigration Judges Influenced by Politics
Daniel Braaten, Claire Nolasco Braaten, The Conversation, July 13, 2021 "The news over the past months has been saturated with stories about another “surge” of unaccompanied minors crossing the southern border of the U.S. In March 2021,...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Over 8,000 MPP Cases Transferred Into U.S. Under Biden
TRAC, May 11, 2021 "As of the end of April 2021, a total of 8,387 individuals formerly forced to remain in Mexico under the Migrant Protection Protocols (MPP) have been able to enter the United States since President Biden ended this Trump-era...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
DOJ's Contradictory Positions on MS-13 and "Political Opinion"
Jeffrey S. Chase, Apr. 29, 2021 "In a recent blog post , I discussed the difficulty in establishing asylum based on a political opinion expressed against MS-13. In the specific case discussed, the Board of Immigration Appeals reversed the Immigration...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Outside News
Border Déjà Vu: Biden Confronts Similar Challenges as His Predecessors
Muzaffar Chishti and Sarah Pierce, MPI Policy Beat, Apr. 1, 2021 "President Joe Biden’s administration is facing a burgeoning crisis as projected record-breaking numbers of foreign-born children arrive at the U.S. southern border seeking refuge...
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